AB133-SSA1-SA1,446,20 201084. Page 1413, line 24: after that line insert:
AB133-SSA1-SA1,446,22 21" Section 3061c. 767.265 (3h) of the statutes, as affected by 1997 Wisconsin Act
22191
, section 415, is amended to read:
AB133-SSA1-SA1,447,1423 767.265 (3h) A person who receives notice of assignment under this section or
24s. 767.23 (1) (L), or 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. or similar laws

1of another state shall withhold the amount specified in the notice from any money
2that person pays to the payer later than one week after receipt of notice of
3assignment. Within 5 days after the day the person pays money to the payer, the
4person shall send the amount withheld to the department or its designee, whichever
5is appropriate, or, in the case of an amount ordered withheld for health care
6expenses, to the appropriate health care insurer, provider or plan. With each
7payment sent to the department or its designee, the person from whom the payer
8receives money shall report to the department or its designee the payer's gross
9income or other gross amount from which the payment was withheld. Except as
10provided in sub. (3m), for each payment sent to the department or its designee, the
11person from whom the payer receives money shall receive an amount equal to the
12person's necessary disbursements, not to exceed $3, which shall be deducted from the
13money to be paid to the payer. Section 241.09 does not apply to assignments under
14this section.
AB133-SSA1-SA1, s. 3061cd 15Section 3061cd. 767.265 (4) of the statutes is amended to read:
AB133-SSA1-SA1,447,1816 767.265 (4) A withholding assignment or order under this section or s. 767.23
17(1) (L), or 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. has priority over any other
18assignment, garnishment or similar legal process under state law.
AB133-SSA1-SA1, s. 3061ce 19Section 3061ce. 767.265 (6) (a) of the statutes, as affected by 1997 Wisconsin
20Act 191
, section 420, is amended to read:
AB133-SSA1-SA1,448,421 767.265 (6) (a) Except as provided in sub. (3m), if after receipt of notice of
22assignment the person from whom the payer receives money fails to withhold the
23money or send the money to the department or its designee or the appropriate health
24care insurer, provider or plan as provided in this section or s. 767.23 (1) (L), or 767.25
25(4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3., the person may be proceeded against

1under the principal action under ch. 785 for contempt of court or may be proceeded
2against under ch. 778 and be required to forfeit not less than $50 nor more than an
3amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld
4or sent.
AB133-SSA1-SA1, s. 3061cf 5Section 3061cf. 767.265 (6) (b) of the statutes, as affected by 1997 Wisconsin
6Act 191
, section 422, is amended to read:
AB133-SSA1-SA1,448,127 767.265 (6) (b) If an employer who receives an assignment under this section
8or s. 767.23 (1) (L), or 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. fails to notify
9the department or its designee, whichever is appropriate, within 10 days after an
10employe is terminated or otherwise temporarily or permanently leaves employment,
11the employer may be proceeded against under the principal action under ch. 785 for
12contempt of court.
AB133-SSA1-SA1, s. 3061cg 13Section 3061cg. 767.265 (6) (c) of the statutes is amended to read:
AB133-SSA1-SA1,448,2214 767.265 (6) (c) No employer may use an assignment under this section or s.
15767.23 (1) (L), or 767.25 (4m) (c) , 767.51 (3m) (c) or 767.62 (4) (b) 3. as a basis for the
16denial of employment to a person, the discharge of an employe or any disciplinary
17action against an employe. An employer who denies employment or discharges or
18disciplines an employe in violation of this paragraph may be fined not more than
19$500 and may be required to make full restitution to the aggrieved person, including
20reinstatement and back pay. Except as provided in this paragraph, restitution shall
21be in accordance with s. 973.20. An aggrieved person may apply to the district
22attorney or to the department for enforcement of this paragraph.
AB133-SSA1-SA1, s. 3061ch 23Section 3061ch. 767.267 (1) of the statutes, as affected by 1997 Wisconsin Act
2427
, is amended to read:
AB133-SSA1-SA1,449,19
1767.267 (1) If the court or the family court commissioner determines that
2income withholding under s. 767.265 is inapplicable, ineffective or insufficient to
3ensure payment under an order or stipulation specified in s. 767.265 (1), or that
4income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable,
5ineffective or insufficient to ensure payment of a child's health care expenses,
6including payment of health insurance premiums, ordered under s. 767.25 (4m) or
7767.51 (3m), the court or family court commissioner may require the payer to identify
8or establish a deposit account, owned in whole or in part by the payer, that allows for
9periodic transfers of funds and to file with the financial institution at which the
10account is located an authorization for transfer from the account to the department
11or its designee, whichever is appropriate. The authorization shall be provided on a
12standard form approved by the court and shall specify the frequency and the amount
13of transfer, sufficient to meet the payer's obligation under the order or stipulation,
14as required by the court or family court commissioner. The authorization shall
15include the payer's consent for the financial institution or an officer, employe or agent
16of the financial institution to disclose information to the court, family court
17commissioner, county child support agency under s. 59.53 (5), department or
18department's designee regarding the account for which the payer has executed the
19authorization for transfer.".
AB133-SSA1-SA1,449,20 201085. Page 1415, line 19: after that line insert:
AB133-SSA1-SA1,449,21 21" Section 3064m. 767.325 (4m) of the statutes is created to read:
AB133-SSA1-SA1,450,422 767.325 (4m) Denial of physical placement for killing other parent. (a)
23Notwithstanding subs. (1) to (4), upon petition, motion or order to show cause by a
24party or on its own motion, a court shall modify a physical placement order by

1denying a parent physical placement with a child if the parent has been convicted
2under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
32nd-degree intentional homicide, of the child's other parent, and the conviction has
4not been reversed, set aside or vacated.
AB133-SSA1-SA1,450,85 (b) Paragraph (a) does not apply if the court determines by clear and convincing
6evidence that physical placement with the parent would be in the best interests of
7the child. The court shall consider the wishes of the child in making the
8determination.".
AB133-SSA1-SA1,450,9 91086. Page 1415, line 19: after that line insert:
AB133-SSA1-SA1,450,11 10" Section 3065c. 767.29 (1m) (intro.) of the statutes, as affected by 1997
11Wisconsin Act 191
, section 427, is amended to read:
AB133-SSA1-SA1,450,1812 767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6) , and 767.261, 767.51 (5p)
13and 767.62 (4) (g)
, if the department or its designee receives support or maintenance
14money that exceeds the amount due in the month in which it is received and that the
15department or its designee determines is for support or maintenance due in a
16succeeding month, the department or its designee may hold the amount of
17overpayment that does not exceed the amount due in the next month for
18disbursement in the next month if any of the following applies:
AB133-SSA1-SA1, s. 3065cd 19Section 3065cd. 767.295 (2) (a) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,451,220 767.295 (2) (a) (intro.) In an action for modification of a child support order
21under s. 767.32, an action in which an order for child support is required under s.
22767.25 (1), 767.51 (3) or 767.62 (4) (a) or a contempt of court proceeding to enforce a
23child support or family support order in a county that contracts under s. 49.36 (2),
24the court may order a parent who is not a custodial parent to register for a work

1experience and job training program under s. 49.36 if all of the following conditions
2are met:
AB133-SSA1-SA1, s. 3065ce 3Section 3065ce. 767.295 (2) (c) of the statutes is amended to read:
AB133-SSA1-SA1,451,154 767.295 (2) (c) If the court enters an order under par. (a), it shall order the
5parent to pay child support equal to the amount determined by applying the
6percentage standard established under s. 49.22 (9) to the income a person would earn
7by working 40 hours per week for the federal minimum hourly wage under 29 USC
8206
(a) (1) or equal to the amount of child support that the parent was ordered to pay
9in the most recent determination of support under this chapter. The child support
10obligation ordered under this paragraph continues until the parent makes timely
11payment in full for 3 consecutive months or until the person participates in the
12program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide
13in its order that the parent must make child support payments calculated under s.
14767.25 (1j) or (1m), 767.51 (4m) or (5) or 767.62 (4) (d) 1. or (e) after the obligation to
15make payments ordered under this paragraph ceases.
AB133-SSA1-SA1, s. 3065cf 16Section 3065cf. 767.303 (1) of the statutes is amended to read:
AB133-SSA1-SA1,452,317 767.303 (1) If a person fails to pay a payment ordered for support under s.
18767.077, support under s. 767.08, child support or family support under s. 767.23,
19child support under s. 767.25, family support under s. 767.261, revised child or
20family support under s. 767.32, child support under s. 767.458 (3), child support
21under s. 767.458 (3), child support under s. 767.51, child support under s. 767.62 (4)
22(a), child support under ch. 769 or child support under s. 948.22 (7), the payment is
2390 or more days past due and the court finds that the person has the ability to pay
24the amount ordered, the court may suspend the person's operating privilege, as
25defined in s. 340.01 (40), until the person pays all arrearages in full or makes

1payment arrangements that are satisfactory to the court, except that the suspension
2period may not exceed 5 years. If otherwise eligible, the person is eligible for an
3occupational license under s. 343.10 at any time.
AB133-SSA1-SA1, s. 3065cg 4Section 3065cg. 767.303 (1) of the statutes, as affected by 1997 Wisconsin Act
584
and 1999 Wisconsin Act .... (this act), is amended to read:
AB133-SSA1-SA1,452,176 767.303 (1) If a person fails to pay a payment ordered for support under s.
7767.077, support under s. 767.08, child support or family support under s. 767.23,
8child support under s. 767.25, family support under s. 767.261, revised child or
9family support under s. 767.32, child support under s. 767.458 (3), child support
10under s. 767.477, child support under s. 767.51, child support under s. 767.62 (4) (a),
11child support under ch. 769 or child support under s. 948.22 (7), the payment is 90
12or more days past due and the court finds that the person has the ability to pay the
13amount ordered, the court may suspend the person's operating privilege, as defined
14in s. 340.01 (40), until the person pays all arrearages in full or makes payment
15arrangements that are satisfactory to the court, except that the suspension period
16may not exceed 2 years. If otherwise eligible, the person is eligible for an
17occupational license under s. 343.10 at any time.
AB133-SSA1-SA1, s. 3065ch 18Section 3065ch. 767.32 (1) (b) 4. of the statutes is amended to read:
AB133-SSA1-SA1,452,2519 767.32 (1) (b) 4. A difference between the amount of child support ordered by
20the court to be paid by the payer and the amount that the payer would have been
21required to pay based on the percentage standard established by the department
22under s. 49.22 (9) if the court did not use the percentage standard in determining the
23child support payments and did not provide the information required under s. 46.10
24(14) (d), 301.12 (14) (d), or 767.25 (1n) , 767.51 (5d) or 767.62 (4) (f), whichever is
25appropriate.
AB133-SSA1-SA1, s. 3065ci
1Section 3065ci. 767.32 (2m) of the statutes is amended to read:
AB133-SSA1-SA1,453,62 767.32 (2m) Upon request by a party, the court may modify the amount of
3revised child support payments determined under sub. (2) if, after considering the
4factors listed in s. 767.25 (1m), 767.51 (5) or 767.62 (4) (e), as appropriate, the court
5finds, by the greater weight of the credible evidence, that the use of the percentage
6standard is unfair to the child or to any of the parties.
AB133-SSA1-SA1, s. 3065cj 7Section 3065cj. 767.325 (2m) of the statutes is created to read:
AB133-SSA1-SA1,453,148 767.325 (2m) Modification of periods of physical placement for failure to
9exercise physical placement
. Notwithstanding subs. (1) and (2), upon petition,
10motion or order to show cause by a party, a court may modify an order of physical
11placement at any time with respect to periods of physical placement if it finds that
12a parent has repeatedly and unreasonably failed to exercise periods of physical
13placement awarded under an order of physical placement that allocates specific
14times for the exercise of periods of physical placement.
AB133-SSA1-SA1, s. 3065ck 15Section 3065ck. 767.325 (5m) of the statutes is created to read:
AB133-SSA1-SA1,453,1816 767.325 (5m) Factors to consider. In all actions to modify legal custody or
17physical placement orders, the court shall consider the factors under s. 767.24 (5) and
18shall make its determination in a manner consistent with s. 767.24.
AB133-SSA1-SA1, s. 3065cL 19Section 3065cL. 767.325 (6m) of the statutes is created to read:
AB133-SSA1-SA1,453,2320 767.325 (6m) Parenting plan. In any action to modify a legal custody or
21physical placement order under sub. (1), the court may require the party seeking the
22modification to file with the court a parenting plan under s. 767.24 (1m) before any
23hearing is held.
AB133-SSA1-SA1, s. 3065cm 24Section 3065cm. 767.327 (4) of the statutes is amended to read:
AB133-SSA1-SA1,454,3
1767.327 (4) Guardian ad litem; prompt hearing. After a petition, motion or
2order to show cause is filed under sub. (3), the court shall appoint a guardian ad litem,
3unless s. 767.045 (1) (am) applies,
and shall hold a hearing as soon as possible.
AB133-SSA1-SA1, s. 3065cn 4Section 3065cn. 767.327 (5m) of the statutes is created to read:
AB133-SSA1-SA1,454,75 767.327 (5m) Discretionary factors to consider. In making a determination
6under sub. (3), the court may consider the child's adjustment to the home, school,
7religion and community.
AB133-SSA1-SA1, s. 3065co 8Section 3065co. 767.45 (7) of the statutes is amended to read:
AB133-SSA1-SA1,454,139 767.45 (7) The clerk of court shall provide without charge, to each person
10bringing an action under this section, except to the state under sub. (1) (g) or (6m),
11a document setting forth the percentage standard established by the department
12under s. 49.22 (9) and listing the factors which a court may consider under s. 767.51
13(5)
767.25 (1m).
AB133-SSA1-SA1, s. 3065cp 14Section 3065cp. 767.455 (6) of the statutes is amended to read:
AB133-SSA1-SA1,454,1815 767.455 (6) Document. The summons served on the respondent shall be
16accompanied by a document, provided without charge by the clerk of court, setting
17forth the percentage standard established by the department under s. 49.22 (9) and
18listing the factors which a court may consider under s. 767.51 (5) 767.25 (1m).
AB133-SSA1-SA1, s. 3065cq 19Section 3065cq. 767.477 (1) of the statutes is amended to read:
AB133-SSA1-SA1,455,220 767.477 (1) At any time during the pendency of an action to establish the
21paternity of a child, if genetic tests show that the alleged father is not excluded and
22that the statistical probability of the alleged father's parentage is 99.0% or higher,
23on the motion of a party, the court shall make an appropriate temporary order orders
24for the payment of child support and may make a temporary order, assigning

1responsibility for and directing the manner of payment of the child's health care
2expenses and for the custody and physical placement of the child.
AB133-SSA1-SA1, s. 3065cr 3Section 3065cr. 767.477 (2) of the statutes is amended to read:
AB133-SSA1-SA1,455,94 767.477 (2) Before making any temporary order under sub. (1), the court shall
5consider those factors that the court is required under s. 767.51 to consider when
6granting a final judgment on the same subject matter. If the court makes a
7temporary child support order that deviates from the amount of support that would
8be required by using the percentage standard established by the department under
9s. 49.22 (9), the court shall comply with the requirements of s. 767.51 (5d) 767.25 (1n).
AB133-SSA1-SA1, s. 3065cs 10Section 3065cs. 767.51 (3) of the statutes is repealed and recreated to read:
AB133-SSA1-SA1,455,1211 767.51 (3) A judgment or order determining paternity shall contain all of the
12following provisions:
AB133-SSA1-SA1,455,1313 (a) An adjudication of the paternity of the child.
AB133-SSA1-SA1,455,1514 (b) Orders for the legal custody of and periods of physical placement with the
15child, determined in accordance with s. 767.24.
AB133-SSA1-SA1,455,2016 (c) An order requiring either or both of the parents to contribute to the support
17of any child of the parties who is less than 18 years old, or any child of the parties who
18is less than 19 years old if the child is pursuing an accredited course of instruction
19leading to the acquisition of a high school diploma or its equivalent, determined in
20accordance with s. 767.25.
AB133-SSA1-SA1,455,2321 (d) A determination as to which parent, if eligible, shall have the right to claim
22the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or
23as an exemption for state tax purposes under s. 71.07 (8) (b).
AB133-SSA1-SA1,456,3
1(e) An order requiring either or both parties to pay or contribute to the
2reasonable expenses of the pregnancy and the child's birth, based on the parties'
3ability to pay or contribute to those expenses.
AB133-SSA1-SA1,456,54 (f) An order requiring either or both parties to pay or contribute to the costs of
5the guardian ad litem fees, genetic tests as provided in s. 767.48 (5) and other costs.
AB133-SSA1-SA1,456,76 (g) An order requiring either party to pay or contribute to the attorney fees of
7the other party.
AB133-SSA1-SA1, s. 3065ct 8Section 3065ct. 767.51 (3m) of the statutes, as affected by 1997 Wisconsin Act
927
, is repealed.
AB133-SSA1-SA1, s. 3065cu 10Section 3065cu. 767.51 (3r) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065cv 11Section 3065cv. 767.51 (4) of the statutes is repealed and recreated to read:
AB133-SSA1-SA1,456,1512 767.51 (4) (a) Subject to par. (b), liability for past support of the child shall be
13limited to support for the period after the day on which the action is commenced
14under s. 767.45, unless a party shows, to the satisfaction of the court, all of the
15following:
AB133-SSA1-SA1,456,1716 1. That he or she was induced to delay commencing the action by any of the
17following:
AB133-SSA1-SA1,456,1818 a. Duress or threats.
AB133-SSA1-SA1,456,2019 b. Actions, promises or representations by the other party upon which the party
20relied.
AB133-SSA1-SA1,456,2121 c. Actions taken by the other party to evade paternity proceedings.
AB133-SSA1-SA1,456,2322 2. That, after the inducement ceased to operate, he or she did not unreasonably
23delay in commencing the action.
AB133-SSA1-SA1,456,2524 (b) In no event may liability for past support of the child be imposed for any
25period before the birth of the child.
AB133-SSA1-SA1, s. 3065cw
1Section 3065cw. 767.51 (4g) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065cx 2Section 3065cx. 767.51 (4m) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065cy 3Section 3065cy. 767.51 (5) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065d 4Section 3065d. 767.51 (5d) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065dd 5Section 3065dd. 767.51 (5p) of the statutes, as affected by 1997 Wisconsin Act
6191
, is repealed.
AB133-SSA1-SA1, s. 3065de 7Section 3065de. 767.53 (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,457,11 8767.53 Paternity hearings and records; confidentiality. (intro.) Any
9hearing, discovery proceeding or trial relating to paternity determination shall be
10closed to any person other than those necessary to the action or proceeding. Any
11record of the pending proceedings shall be placed in a closed file, except that:
AB133-SSA1-SA1, s. 3065df 12Section 3065df. 767.53 (1) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,457,1413 767.53 (1) (intro.) Access to the record of any pending or past proceeding
14involving the paternity of the same child shall be allowed to all of the following:
AB133-SSA1-SA1, s. 3065dg 15Section 3065dg. 767.53 (3) of the statutes is created to read:
AB133-SSA1-SA1,457,1716 767.53 (3) Subject to s. 767.19, the records of any past proceeding in which
17paternity was established are open to public inspection.
AB133-SSA1-SA1, s. 3065dh 18Section 3065dh. 767.62 (4) of the statutes, as affected by 1997 Wisconsin Act
19191
, is repealed and recreated to read:
AB133-SSA1-SA1,457,2320 767.62 (4) Orders when paternity acknowledged. In an action under sub. (3)
21(a), if the persons who signed and filed the statement acknowledging paternity as
22parents of the child had notice of the hearing, the court or family court commissioner
23shall make an order that contains all of the following provisions:
AB133-SSA1-SA1,457,2524 (a) Orders for the legal custody of and periods of physical placement with the
25child, determined in accordance with s. 767.24.
AB133-SSA1-SA1,458,5
1(b) An order requiring either or both of the parents to contribute to the support
2of any child of the parties who is less than 18 years old, or any child of the parties who
3is less than 19 years old if the child is pursuing an accredited course of instruction
4leading to the acquisition of a high school diploma or its equivalent, determined in
5accordance with s. 767.25.
AB133-SSA1-SA1,458,86 (c) A determination as to which parent, if eligible, shall have the right to claim
7the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or
8as an exemption for state tax purposes under s. 71.07 (8) (b).
AB133-SSA1-SA1,458,119 (d) An order requiring either or both parties to pay or contribute to the
10reasonable expenses of the pregnancy and the child's birth, based on the parties'
11ability to pay or contribute to those expenses.
AB133-SSA1-SA1,458,1312 (e) An order requiring either or both parties to pay or contribute to the costs
13of the guardian ad litem fees and other costs.
AB133-SSA1-SA1,458,1514 (f) An order requiring either party to pay or contribute to the attorney fees of
15the other party.
AB133-SSA1-SA1, s. 3065di 16Section 3065di. 767.62 (4m) of the statutes is created to read:
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